Supreme Court Verdict: Custody of Children Born in Qatar to Be Reconsidered; Unique Justice Delivered

New Delhi: In a landmark ruling, the Supreme Court has set aside the Jammu & Kashmir and Ladakh High Court’s decision that granted custody of two minor children to their mother. The apex court has directed the High Court to reconsider the case within four months, emphasizing the children’s welfare and their own wishes.

The bench, comprising Justices Pankaj Mittal and S.V.N. Bhatti, observed that the High Court had failed to account for crucial circumstances while applying the principle of child welfare. Citing counseling and mediation reports, the Supreme Court noted that both children had expressed a desire to live with their father, with whom they felt comfortable, despite being born in Qatar.

The Unique Case

The two minor boys, both born in Qatar to Indian parents, became the center of the legal battle after a marital dispute. Their father, an engineer working in Qatar, was initially granted parental status while custody was awarded to the mother by a Qatari court. During the academic session, the mother brought the children to Srinagar without the father’s consent or the original court’s permission, prompting legal action under Section 25 of the Guardian and Wards Act, 1890.

The Family Court in Srinagar initially awarded custody to the father, but the High Court later overturned this decision, favoring the mother.

Children’s Preference Matters

The Supreme Court highlighted that the children’s wishes are a vital factor. During questioning, the elder child indicated that the presence of the father would ensure adequate care, while the younger repeatedly expressed a desire to stay with him. Both children, who primarily speak English, showed comfort in living without their mother in India.

High Court Overlooked Key Factors

The bench noted that the High Court ignored important elements, including the mother’s unilateral removal of the children from Qatar, her violation of the Qatari court order dated 31 October 2023, and the absence of any criminal conviction against the father abroad.

Apex Court’s Decision

The Supreme Court emphasized that while the child’s welfare is paramount, custody determination must also consider parental conduct, educational stability, financial capacity, living conditions, and existing court orders. Recognizing the High Court’s failure to weigh these factors, the apex court annulled its 8 September 2025 decision and remitted the case for a fresh hearing in accordance with the law.